Nonimmigrant Visas

JUST FIND YOUR ANSWERS BELOW:

Q I’m an actress in the UK and I want to move to Hollywood to pursue my
acting
there. I have been in many plays in England in the last 10 years and I have been on a few TV shows in
small
roles. How will I know if I will qualify for the “O” visa for performers? How can I prove “outstanding
ability”? what are the requirements?

A The O-1 Process is very complex and will require the services of an
immigration attorney because of the mandated steps and documentary requirements. You can look at the
USCIS
internet site for nonimmigrant visas, look up the O-1 and it will show you the requirements. You can
also
visit www.rootlaw.com and look under nonimmigrant visa section for O-1 visas.

Q I am in the U.S. on an F-1 visa. I did not register for a semester of
study. Will I have to leave the country? Is there any penalty for my action? How would it affect my
future?

A If you are no longer enrolled in your course of studies, you are no
longer in valid F1 status. Thus, you are required to either depart from the U.S., extend your current
status or change your status to another non-immigrant category. If you do not take any action and simply
remain the U.S., you will be ineligible to regain or change your status in the U.S at a latter date. If
you later depart from the U.S., you may also be subject to a 3/10 years bar from reentry back into the
U.S.

Q Would I be approved for another OPT now, if I apply?

A

I came to US in Aug. 1998 to pursue Master of Computer Science degree on F1 visa. After graduation, I
joined a startup in Silicon Valley in Aug. 2000. At that time, I applied for OPT (Optional Practical
Training) in May 2000 and use OPT to work at that company. Then in Jan 2001, I applied and got approved
for H-1B visa, so I worked on H-1B visa thereafter until Dec. 2002. In October 2001, I also applied for
Labor Certificate using EB2, but my job was terminated in Dec. 2002 before I got approval of Labor
Certificate. In October 2002, I applied for F1 visa and got approved in April 2003. Then I transferred
my F1 visa to another university in August 2003, and now I am studying another master degree in business
management. I will graduate in May 2005.

Now my two questions:

Q: 1. Would I be approved for another OPT now, if I apply?

Since current degree is Master, which is the same level as the one I got in year 2000, so I may not get
another OPT. But since I have 2 year and a half years of H1B, which is a break of F1 status, so I might
get another OPT. This is the answer I got from my school, but they are not really sure whether I will
get approval or not.

Q: 2. If I apply H-1B now, do I subject to this year’s quota?A: 2nd OPT approval will be discretionary. Thus, I recommend filing months prior to your
program completion. According to CIS, new H1b/cos requests are not subject to the cap within the same 6
year period.

Q I am now a F-1 student. My wife is permanent resident of the U.S. She
applied for permanent residence for me, and this petition(I-130) was approved in October 2001(category
F-2A). I know I need to wait several more years to get the visa. I am wondering, as a candidate of
permanent resident, can I get a temporary working permit?

A The answer to this question is no. In you present situation you may be
able to change your status to another visa category. You may be possibly eligible to apply for a V visa,
but once again your situation (because of the F-1) makes it difficult for me to give you a specific
answer without first reviewing all your documents and consulting with you.

Q I am a foreign graduate student on an F-1 visa studying in a university
in California. I will complete my first school year soon, and plan to travel to India for the summer.
What documentation will I need to re-enter the United States?

A Your should bring your current I-20 document, all attendance records,
updated transcripts, and class registration materials for next semester.

Q I would like some info on applying for green card. I am on E-2 visa for
last three yrs. I came from Canada and and own a franchise business.

A You can begin your U.S. immigration process in numerous ways. For
example, you may be eligible to apply as an investor, as someone with extraordinary abilities, through
family or a prospective offer of employment. For more info specific to your case contact an experienced
employment-based immigration attorney.

Q Would you please tell me that someone has no more job with the company on
L1 visa with three year period say Dec, 2006. By law is he allowed to stay in the country till the visa
expiration or he must have to leave the country?

A The applicants lawful status in U.S. terminates after he/she leaves her
respective L1 employer. Thus, unless you timely petition to either change your status or change your
employer – you are in unlawful U.S. status.

Q I am planning to apply for my parents’ green cards when they arrive to
the US. In the mean time, if their B status expires will they still be legal in the country or do they
have to return to India and come back?

A You will not be able to protect your parents’ legal status by merely
filing the immediate family immigrant petitions on their behalf. Your parents will need to either return
home or find a way to remain here in lawful nonimmigrant status.

Q Need your advice on should I apply for a tourist visa for US from India
or UK.I have a permanent house and my parents in India but I work in UK.Last time I had applied for
tourist from UK and was denied on the grounds that there was no sufficient proof I would return back to
UK.

A I have to know how long ago you were denied the previous B-2. However, it
is obvious from your prior experience that you will have to show extensive ties to your home country and
to your life in the UK, to get past the problem of convincing the U.S. Embassy that your intent is truly
temporary and only for a visit, and that you must return home. You will face difficulty because of the
prior denial so the more proof the better.

Q I am just wondering if I will have problems entering US due that I lost
I-94 ( I am from Slovenia visa waiver program) I am also married to US resident from Mexico. I went to
obtain a B2 visa which I was denied cause act 214 B ( I read on gov pages that from now on I will need
to obtain B2 visa) they didn’t cancel my C1/D visa. Now I got the job on the cruise ship and I am
planning to go back on C1/D visa with my contract. Will I have problems entering US? The also know that
I am married due that officer on the embassy put that in the system.

A Yes, you will probably have entry problems due to the complexity of your
situation and the previous problems with the U.S. Embassy. Also, since you are married to a Lawful
Permanent Resident and did so on the Visa Waiver, and now have a cancelled/denied B-2 and are using a
C/D visa, you should consult an experienced immigration attorney regarding your complicated situation.

Q I need to travel to US -Dallas on B1 Visa by next month. I already
traveled to the same client and came back on last month 23rd I was there in US for 89 days in that
visit. Now I need to travel by next month 15th.I want know that any limit is there that is should be in
India before traveling to US for same client in B1 Visa.

A There is really not a limit, however there should be sufficient space in
time between your visits so that there is no presumption of your intent to live in the USA. It may also
help if you could obtain a letter from your current employer explaining that you are needed to travel to
the USA for the foreign companies business dealings. If this is an ongoing issue, you should then
contact an experienced immigration attorney and pursue another type of temporary employment visa.

Q I’m an actress in the UK and I want to move to Hollywood to pursue my
acting there. I have been in many plays in England in the last 10 years and I have been on a few TV
shows in small roles. How will I know if I will qualify for the “O” visa for performers? How can I prove
“outstanding ability”? what are the requirements?

A The O-1 Process is very complex and will require the services of an
immigration attorney because of the mandated steps and documentary requirements. You can look at the
USCIS internet site for nonimmigrant visas, look up the O-1 and it will show you the requirements. You
can also visit www.rootlaw.com and look under nonimmigrant visa section for O-1 visas.

Q I am in the U.S. on an F-1 visa. I did not register for a semester of
study. Will I have to leave the country? Is there any penalty for my action? How would it affect my
future?

A If you are no longer enrolled in your course of studies, you are no
longer in valid F1 status. Thus, you are required to either depart from the U.S., extend your current
status or change your status to another non-immigrant category. If you do not take any action and simply
remain the U.S., you will be ineligible to regain or change your status in the U.S at a latter date. If
you later depart from the U.S., you may also be subject to a 3/10 years bar from reentry back into the
U.S.

Q Would I be approved for another OPT now, if I apply?

AI came to US in Aug. 1998 to pursue Master of Computer Science degree on
F1 visa. After graduation, I joined a startup in Silicon Valley in Aug. 2000. At that time, I applied
for OPT (Optional Practical Training) in May 2000 and use OPT to work at that company. Then in Jan 2001,
I applied and got approved for H-1B visa, so I worked on H-1B visa thereafter until Dec. 2002. In
October 2001, I also applied for Labor Certificate using EB2, but my job was terminated in Dec. 2002
before I got approval of Labor Certificate. In October 2002, I applied for F1 visa and got approved in
April 2003. Then I transferred my F1 visa to another university in August 2003, and now I am studying
another master degree in business management. I will graduate in May 2005.

Now my two questions:

Q: 1. Would I be approved for another OPT now, if I apply?

A: Since current degree is Master, which is the same level as the one I got in year
2000, so I may not get another OPT. But since I have 2 year and a half years of H1B, which is a break of
F1 status, so I might get another OPT. This is the answer I got from my school, but they are not really
sure whether I will get approval or not.

Q: 2. If I apply H-1B now, do I subject to this year’s quota?A: 2nd OPT approval will be discretionary. Thus, I recommend filing months prior to your
program completion.

According to CIS, new H1b/cos requests are not subject to the cap within the same 6 year period.

Q I am now a F-1 student. My wife is permanent resident of the U.S. She
applied for permanent residence for me, and this petition(I-130) was approved in October 2001(category
F-2A). I know I need to wait several more years to get the visa. I am wondering, as a candidate of
permanent resident, can I get a temporary working permit?

A The answer to this question is no. In you present situation you may be
able to change your status to another visa category. You may be possibly eligible to apply for a V visa,
but once again your situation (because of the F-1) makes it difficult for me to give you a specific
answer without first reviewing all your documents and consulting with you.

Q I am a foreign graduate student on an F-1 visa studying in a university
in California. I will complete my first school year soon, and plan to travel to India for the summer.
What documentation will I need to re-enter the United States?

A Your should bring your current I-20 document, all attendance records,
updated transcripts, and class registration materials for next semester.

Q I would like some info on applying for green card. I am on E-2 visa for
last three yrs. I came from Canada and and own a franchise business.

A You can begin your U.S. immigration process in numerous ways. For
example, you may be eligible to apply as an investor, as someone with extraordinary abilities, through
family or a prospective offer of employment. For more info specific to your case contact an experienced
employment-based immigration attorney.

Q Would you please tell me that someone has no more job with the company on
L1 visa with three year period say Dec, 2006. By law is he allowed to stay in the country till the visa
expiration or he must have to leave the country?

A The applicants lawful status in U.S. terminates after he/she leaves her
respective L1 employer. Thus, unless you timely petition to either change your status or change your
employer – you are in unlawful U.S. status.

Q I am planning to apply for my parents’ green cards when they arrive to
the US. In the mean time, if their B status expires will they still be legal in the country or do they
have to return to India and come back?

A You will not be able to protect your parents’ legal status by merely
filing the immediate family immigrant petitions on their behalf. Your parents will need to either return
home or find a way to remain here in lawful nonimmigrant status.

Q Need your advice on should I apply for a tourist visa for US from India
or UK.I have a permanent house and my parents in India but I work in UK.Last time I had applied for
tourist from UK and was denied on the grounds that there was no sufficient proof I would return back to
UK.

A I have to know how long ago you were denied the previous B-2. However, it
is obvious from your prior experience that you will have to show extensive ties to your home country and
to your life in the UK, to get past the problem of convincing the U.S. Embassy that your intent is truly
temporary and only for a visit, and that you must return home. You will face difficulty because of the
prior denial so the more proof the better.

Q I am just wondering if I will have problems entering US due that I lost
I-94 ( I am from Slovenia visa waiver program) I am also married to US resident from Mexico. I went to
obtain a B2 visa which I was denied cause act 214 B ( I read on gov pages that from now on I will need
to obtain B2 visa) they didn’t cancel my C1/D visa. Now I got the job on the cruise ship and I am
planning to go back on C1/D visa with my contract. Will I have problems entering US? The also know that
I am married due that officer on the embassy put that in the system.

A Yes, you will probably have entry problems due to the complexity of your
situation and the previous problems with the U.S. Embassy. Also, since you are married to a Lawful
Permanent Resident and did so on the Visa Waiver, and now have a cancelled/denied B-2 and are using a
C/D visa, you should consult an experienced immigration attorney regarding your complicated situation.

Q I need to travel to US -Dallas on B1 Visa by next month. I already
traveled to the same client and came back on last month 23rd I was there in US for 89 days in that
visit. Now I need to travel by next month 15th.I want know that any limit is there that is should be in
India before traveling to US for same client in B1 Visa.

A There is really not a limit, however there should be sufficient space in
time between your visits so that there is no presumption of your intent to live in the USA. It may also
help if you could obtain a letter from your current employer explaining that you are needed to travel to
the USA for the foreign companies business dealings. If this is an ongoing issue, you should then
contact an experienced immigration attorney and pursue another type of temporary employment visa.

Free In-Office Consultation

Categories

“Most of my clients, who successfully received their visas, started their journey with some fundamental questions about their process. In order to help people like you, I offer a free consultation with no strings attached.”JAMES ROOT, ESQ.